Committed Inventory definition
Examples of Committed Inventory in a sentence
In the event of production delays requested or caused by Buyer in excess of 90 days, Buyer shall purchase from Seller all Committed Inventory held at Seller during the period and pay a 1.25%/month Storage Fee until delivery of all Products or Committed Inventory from Seller to Buyer is made.
The fee calculation shall be made using the applicable percentage from either 8.5(b) or 8.5(c) above multiplied by the average monthly value of the Committed Inventory held by Seller during the period as to which the fee applies.
The Inventory and Committed Inventory of Seller consists of new manufactured and purchased parts, goods in process, and finished goods, all of which is merchantable and fit for the purpose for which it was procured, and none of which is damaged, or defective.
Seller's actual costs associated with non-returnable or non-cancelable Committed Inventory including Committed Inventory that has been rendered non-returnable due to work performed in accordance with this Agreement and associated Purchase Orders; [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request.
In the event that Buyer cancels a Purchase Order or terminates this Agreement pursuant to Section 2.0, the following terms shall apply to Committed Inventory purchased or committed to as a result of Purchase Order.
As of the end of each fiscal quarter, the ratio of (i) Consolidated Average Total Indebtedness minus Consolidated Average Cash on Hand minus the amount of Committed Inventory plus Customer Advances and Deposits to (ii) Consolidated EBITDA shall not be greater than 3.00 to 1.00.
Notwithstanding the foregoing or any other provision of this Agreement to the contrary, at such time and to the extent Purchaser requires additional materials identical to those included within the Committed Inventory in connection with the manufacturer of Products of the Business after the Closing Date, Purchaser agrees to first purchase at their Fair Market Value those items from Seller’s Committed Inventory prior to purchasing such items from any third party vendor or CM.
To the extent Buyer is using one of the designated CEMs and is required to purchase or have purchased materials identical to those included within the Committed Inventory at such CEM in connection with the manufacturer of Products of the Business by such CEM, Buyer shall first purchase (at Seller’s cost) those items from such Committed Inventory prior to purchasing (or directing CEM to purchase) such items from any third party vendor.
As of the end of each fiscal quarter, the ratio of (i) Consolidated Average Total Indebtedness minus Consolidated Average Cash on Hand minus Consolidated Average Committed Inventory plus Consolidated Average Customer Advances and Deposits to (ii) Consolidated EBITDA shall not be greater than 3.00 to 1.00.
The storage fee shall be 1.25% per month of actual costs associated with the Committed Inventory ("Storage Fee").